S T A T E O F N E W Y O R K
________________________________________________________________________
240
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. KRUEGER, HOYLMAN-SIGAL, JACKSON, LIU, SERRANO --
read twice and ordered printed, and when printed to be committed to
the Committee on Housing, Construction and Community Development
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four and the administrative code of the city of New York, in
relation to leasing to business and other entities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 576 of the laws of 1974 constituting
the emergency tenant protection act of nineteen seventy-four is amended
by adding a new section 5-b to read as follows:
§ 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER
OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
FOR OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF
THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL
NOT OCCUPY THE HOUSING ACCOMMODATION AS THE TENANT'S PRIMARY RESIDENCE,
OR THE TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-
FOR-PROFIT ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A NOT-FOR-
PROFIT CORPORATION, PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT
IS SOLELY ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND ADDITIONAL
SUPPORT SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE
POPULATION, AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER
BUSINESS THAT IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER
NATURAL PERSON PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELL-
ING UNIT, WHICH SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY RESIDENCE,
AN OWNER OR AGENT THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREE-
MENT FOR OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS
ACT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00682-01-5
S. 240 2
§ 2. Clause (i) of paragraph 3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as amended by section 27
of part A of chapter 20 of the laws of 2015, is amended to read as
follows:
(i) to have violated an order of the division OR SECTION FIVE-B OF
THIS ACT the commissioner may impose by administrative order after hear-
ing, a civil penalty at minimum in the amount of one thousand but not to
exceed two thousand dollars for the first such offense, and at minimum
in the amount of two thousand but not to exceed three thousand dollars
for each subsequent offense; or
§ 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR THE PROVISIONS
OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE-
OF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY OF
A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER IF THE OWNER OR
ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL NOT OCCUPY THE
HOUSING ACCOMMODATION AS THE TENANT'S PRIMARY RESIDENCE, OR THE TENANT
IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-PROFIT ENTI-
TY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A NOT-FOR-PROFIT CORPO-
RATION, PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT IS SOLELY
ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND ADDITIONAL SUPPORT
SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS
THAT IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON
PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT, WHICH
SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR
AGENT THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR
OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER.
§ 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by section 23 of part A of
chapter 20 of the laws of 2015, is amended to read as follows:
(1) to have violated an order of the division OR SUBDIVISION H OF
SECTION 26-512 OF THIS CHAPTER the commissioner may impose by adminis-
trative order after hearing, a civil penalty at minimum in the amount of
one thousand but not to exceed two thousand dollars for the first such
offense, and at a minimum in the amount of two thousand but not to
exceed three thousand dollars for each subsequent offense; or
§ 5. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, any
other application of any provision of this act, or any other provision
of any law or code amended by this act.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law; provided that, the amendments to sections 26-512 and
26-516 of the administrative code of the city of New York made by
sections three and four of this act shall expire on the same date as
such sections expire and shall not affect the expiration of such
sections as provided in section 26-520 of such code.
